Simons v. Ypsilanti Paper Co.
U.S. Circuit Court for the District of Eastern Michigan
On Motion to Sot Aside Nonsuit. Tliis was an action upon contract to recover damages for the refusal of the defendant, the Ypsilauti Paper Company, to accept and pay for 800 tons of rags which it had agreed to buy of the firm of 8. Simons & Son.
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On Motion to Sot Aside Nonsuit. Tliis was an action upon contract to recover damages for the refusal of the defendant, the Ypsilauti Paper Company, to accept and pay for 800 tons of rags which it had agreed to buy of the firm of 8. Simons & Son. One member of this firm being a citizen of Michigan, the firm assigned tho cause of action to the plaintiff, the other member of tlie firm, who was averred in the declaration to be a citizen of .Russia, and a subject of the czar of Russia. Defendant pleaded to the jurisdiction, and u“[Km the trial plaintiff submitted lo a nonsuit, and thereupon made…
1Opinion of the CourtBrown, J.
The only question raised upon the trial relates to the capacity of the plaintiff, who is an alien, to maintain this action as the assignee of S. Simons & Son, one of which firm was, and still is, a citizen of this state. By the act of March 8, 1887, the circuit court has no jurisdiction “of any suit except upon foreign bills of exchange to recover tho contents of any promissory note or other chose in action in favor of any assignee, or of any subsequent holder, of [if] such instrument he payable to bearer, and be not made by any corporation, unless such suit might have been prosecuted in such…
2Cases cited8 opinions
- Sheldon v. SillSupreme Court of the United States · 1850
- Bushnell v. KennedySupreme Court of the United States · 1870
- Sere & Laralde v. PitotSupreme Court of the United States · 1810
- Corbin v. County of Black HawkSupreme Court of the United States · 1882
- Deshler v. DodgeSupreme Court of the United States · 1854
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- McGee v. STOKES'HEIRS AT LAWNorth Dakota Supreme Court · 1956
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- Dulles v. H. D. Crippen Mfg. Co.U.S. Circuit Court for the District of New Jersey · 1907